Broadview Plaza, Inc. v. Goodman

Hall, Judge.

The defendant appeals from the judgment of the trial court overruling its motion for summary judgment. The petition alleged that the plaintiff was injured when he attempted to step over a timber, placed by the defendant as a lane divider in its parking lot, and his shoe heel caught on a metal spike protruding from the top of the timber. It alleged essentially that the defendant was negligent in maintaining the 4x4 timber in an unsafe and defective condition, warped and raised, and with the metal spike protruding an inch from the top. The plaintiff’s deposition shows that his heel…